Legislature(2003 - 2004)

2004-02-05 House Journal

Full Journal pdf

2004-02-05                     House Journal                      Page 2509
HB 439                                                                                            
HOUSE BILL NO. 439 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
     "An Act relating to the authority to take oaths, affirmations, and                             
     acknowledgments in the state; relating to notaries public; relating                            
     to fees for issuing certificates with the seal of the state affixed;                           
     and providing for an effective date."                                                          
was read the first time and referred to the State Affairs, Judiciary, and                           
Finance Committees.                                                                                 
The following fiscal note(s) apply:                                                                 
1. Fiscal, Office of the Governor                                                                   
The Governor's transmittal letter dated February 4, 2004, follows:                                  
"Dear Speaker Kott:                                                                                 
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill relating to the authority to take                            
oaths, affirmations, and acknowledgements in the state to notaries                                  
public, and to fees for issuing certificates with the seal of the state                             

2004-02-05                     House Journal                      Page 2510
The primary purpose of the bill is to comprehensively update                                        
AS 44.50, the chapter that governs notaries public, which includes                                  
among its provisions qualifications to become a notary public, duties                               
of notaries public, and liability in the event of misconduct or neglect.                            
AS 44.50 has not been comprehensively revised since it was enacted                                  
in 1961.  Sections 6-13 of the bill would repeal obsolete provisions,                               
update antiquated language, and add new provisions where needed.                                    
Similarly, sections 2-4 of the bill would update statutes in AS 09, the                             
Alaska civil code, relating to notaries' responsibilities when notarizing,                          
verifying, and acknowledging signed instruments.                                                    
In addition, section 1 of the bill would conform the oath, affirmation,                             
and acknowledgement statute at AS 09.63.010 to existing law.                                        
Section 5 of the bill would update a statute authorizing the Lieutenant                             
Governor to collect fees for the issuance of certificates with the seal of                          
the state affixed, increasing the fee to $5 per certificate.  Section 14 of                         
the bill provides applicability provisions.                                                         
A more detailed description of the bill is found in a sectional analysis                            
of the bill available from the office of the Lieutenant Governor.                                   
I urge your prompt and favorable action on this measure.                                            
                                Sincerely yours,                                                    
                                Frank H. Murkowski